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H.B. 248
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FIREARMS RESTRICTIONS - HOUSES OF
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WORSHIP, RESIDENCES, AND SCHOOLS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David M. Jones
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AN ACT RELATING TO WEAPONS; PROVIDING CROSS REFERENCES TO RESTRICTED
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AREAS FOR CONCEALED FIREARM PERMIT HOLDERS; PROVIDING DEFINITIONS;
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AMENDING RESTRICTIONS ON A PERSON, INCLUDING A CONCEALED FIREARM
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PERMIT HOLDER, IN HOUSES OF WORSHIP, IN RESIDENCES, AND ON ELEMENTARY
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AND SECONDARY SCHOOL PREMISES; PRESCRIBING PENALTIES, EXCEPTING, AND
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DEFENSES; AND MAKING CONFORMING AMENDMENTS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53-5-710, as last amended by Chapter 366, Laws of Utah 1999
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53A-3-502, as enacted by Chapter 2, Laws of Utah 1988
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53A-11-904, as last amended by Chapter 74, Laws of Utah 1996
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76-3-203.2, as last amended by Chapter 289, Laws of Utah 1997
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76-10-501, as last amended by Chapters 5, 97 and 366, Laws of Utah 1999
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76-10-505.5, as last amended by Chapters 10 and 289, Laws of Utah 1997
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76-10-523, as last amended by Chapters 57 and 144, Laws of Utah 1997
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76-10-530, as enacted by Chapter 366, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53-5-710
is amended to read:
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53-5-710. Cross-references to concealed firearm permit restrictions.
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A person with a permit to carry a concealed firearm may not carry a concealed firearm in
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[the following] certain locations including:
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(1) on school premises in violation of Section
75-10-505.5
;
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[(1)] (2) any secure area prescribed in Section
76-10-523.5
in which firearms are
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prohibited and notice of the prohibition posted;
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[(2)] (3) in any airport secure area as provided in Section
76-10-529
;
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[(3)] (4) in any house of worship or in any private residence where dangerous weapons are
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prohibited as provided in Section
76-10-530
; or
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[(4)] (5) at an Olympic venue secure area in violation of Section
76-10-531
.
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Section 2.
Section
53A-3-502
is amended to read:
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53A-3-502. Dangerous materials in the public schools -- Class B misdemeanor --
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Exceptions.
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(1) A person who possesses [a weapon, explosive, flammable material, or other] material
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dangerous to persons or property, other than a dangerous weapon restricted under Section
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76-10-505.5
or an explosive, chemical, or incendiary device restricted under Section
76-10-306
,
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in a public or private elementary or secondary school, on the grounds of the school, or in those
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parts of a building, park, or stadium which are being used for an activity sponsored by or through
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the school is guilty of a class B misdemeanor, unless a higher penalty is prescribed in Title 76,
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Utah Criminal Code, in which case the penalty provisions of that title control.
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(2) Subsection (1) does not apply under the following circumstances:
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(a) possession is approved by the responsible school administrator; or
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(b) the item or material is present or to be used in connection with a lawful, approved
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activity and is in the possession or under the control of the person responsible for its possession
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or use.
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Section 3.
Section
53A-11-904
is amended to read:
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53A-11-904. Grounds for suspension or expulsion from a public school.
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(1) A student may be suspended or expelled from a public school for any of the following
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reasons:
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(a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
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behavior, including the use of foul, profane, vulgar, or abusive language;
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(b) willful destruction or defacing of school property;
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(c) behavior or threatened behavior which poses an immediate and significant threat to the
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welfare, safety, or morals of other students or school personnel or to the operation of the school;
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(d) possession, control, or use of an alcoholic beverage as defined in Section
32A-1-105
;
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or
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(e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
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school or school property, to a person associated with the school, or property associated with any
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such person, regardless of where it occurs.
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(2) (a) A student shall be suspended or expelled from a public school for any of the
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following reasons:
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(i) any serious violation affecting another student or a staff member, or any serious
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violation occurring in a school building, in or on school property, or in conjunction with any
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school activity, including the possession, control, or actual or threatened use of a real, look alike,
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or pretend weapon, explosive, or noxious or flammable material under Section
53A-3-502
,
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76-10-306
, or
76-10-505.5
, or the sale, control, or distribution of a drug or controlled substance
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as defined in Section
58-37-2
, an imitation controlled substance defined in Section
58-37b-2
, or
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drug paraphernalia as defined in Section
58-37a-3
; or
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(ii) the commission of an act involving the use of force or the threatened use of force
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which if committed by an adult would be a felony or class A misdemeanor.
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(b) A student who commits a violation of Subsection (2)(a) involving a real, look alike,
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or pretend firearm, explosive, or flammable material shall be expelled from school for a period of
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not less than one year, unless the district superintendent determines, on a case-by-case basis, that
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a lesser penalty would be more appropriate.
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(3) A student may be denied admission to a public school on the basis of having been
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expelled from that or any other school during the preceding 12 months.
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(4) A suspension or expulsion under this section is not subject to the age limitations under
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Subsection
53A-11-102
(1).
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Section 4.
Section
76-3-203.2
is amended to read:
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76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or
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about school premises -- Enhanced penalties.
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(1) For purposes of this section:
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(a) "On or about school premises" as used in this section [and Section
76-10-505.5
] means
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any of the following:
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(i) in a public or private elementary, secondary, or on the grounds of any of those schools;
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(ii) in a public or private vocational school or postsecondary institution or on the grounds
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of any of those schools or institutions;
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(iii) in those portions of any building, park, stadium, or other structure or grounds which
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are, at the time of the act, being used for an activity sponsored by or through a school or institution
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under Subsections (1)(a)(i) and (ii);
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(iv) in or on the grounds of a preschool or child-care facility; and
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(v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i),
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(ii), (iii), and (iv).
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(b) As used in this section:
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(i) "Educator" means any person who is employed by a public school district and who is
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required to hold a certificate issued by the State Board of Education in order to perform duties of
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employment.
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(ii) "Within the course of employment" means that an educator is providing services or
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engaging in conduct required by the educator's employer to perform the duties of employment.
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(2) Any person who, on or about school premises, commits any offense and uses or
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threatens to use a dangerous weapon, as defined in Section
76-1-601
, in the commission of the
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offense is subject to an enhanced degree of offense as provided in [Subsection] Subsections (4)
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and (5).
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(3) (a) Any person who commits an offense against an educator when the educator is
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acting within the course of employment is subject to an enhanced degree of offense as provided
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in [Subsection] Subsections (4) and (5).
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(b) As used in Subsection (3)(a), "offense" means [an] any offense:
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(i) under Title 76, Chapter 5, Offenses Against The Person; [and] or
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[(c) an offense] (ii) under Title 76, Chapter 6, Part 3, Robbery.
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(4) The enhanced degree of offense for offenses committed under this section are:
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(a) if the offense is otherwise a class B misdemeanor it is a class A misdemeanor;
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(b) if the offense is otherwise a class A misdemeanor it is a third degree felony;
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(c) if the offense is otherwise a third degree felony it is a second degree felony; or
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(d) if the offense is otherwise a second degree felony it is a first degree felony.
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(5) The enhanced penalty for a first degree felony offense of a convicted person:
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(a) shall be imprisonment for a term of not less than five years and which may be for life,
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and imposition or execution of the sentence may not be suspended unless the court:
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(i) finds that the interests of justice would be best served; and
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(ii) states the specific circumstances justifying the disposition on the record; and
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(b) shall [be] subject the person also to the dangerous weapon enhancement provided in
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Section
76-3-203
except for an offense committed under Subsection (3) that does not involve a
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firearm.
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(6) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
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notice upon the information or indictment that the defendant is subject to the enhanced degree of
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offense or penalty under Subsection (4) or (5).
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(b) The notice shall be in a clause separate from and in addition to the substantive offense
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charged.
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[(b)] (c) If the notice is not included initially, the court may subsequently allow the
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prosecutor to amend the charging documents to include the notice if the court finds:
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(i) the charging document, including any statement of probable cause, provide notice to
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the defendant of the allegation he committed the offense on or about school premises[,]; or [if the
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court finds]
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(ii) the defendant has not otherwise been substantially prejudiced by the omission.
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(7) [In] The convicted person may not be subject to the dangerous weapon enhancement
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in Section
76-3-203
:
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(a) in cases where an offense is enhanced pursuant to Subsection (4)(a), (b), (c), or (d)[,];
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or
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(b) under Subsection (5)(a) for an offense committed under Subsection (2) that does not
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involve a firearm[, the convicted person shall not be subject to the dangerous weapon enhancement
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in Section
76-3-203
].
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Section 5.
Section
76-10-501
is amended to read:
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76-10-501. Definitions.
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As used in this part:
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(1) (a) "Concealed dangerous weapon" means a dangerous weapon that is covered, hidden,
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or secreted in a manner that the public would not be aware of its presence and is readily accessible
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for immediate use.
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(b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is a
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firearm which is unloaded and is securely encased.
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(2) "Crime of violence" means aggravated murder, murder, manslaughter, rape, mayhem,
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kidnapping, robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats of
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violence, assault with a dangerous weapon, assault with intent to commit any offense punishable
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by imprisonment for more than one year, arson punishable by imprisonment for more than one
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year, or an attempt to commit any of these offenses.
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(3) "Criminal history background check" means a criminal background check conducted
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by a licensed firearms dealer on every purchaser of a handgun through the division or the local law
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enforcement agency where the firearms dealer conducts business.
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(4) (a) "Dangerous weapon" means any item that in the manner of its use or intended use
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is capable of causing death or serious bodily injury. The following factors shall be used in
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determining whether a knife, or any other item, object, or thing not commonly known as a
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dangerous weapon is a dangerous weapon:
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(i) the character of the instrument, object, or thing;
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(ii) the character of the wound produced, if any;
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(iii) the manner in which the instrument, object, or thing was used; and
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(iv) the other lawful purposes for which the instrument, object, or thing may be used.
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(b) "Dangerous weapon" does not include any explosive, chemical, or incendiary device
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as defined by Section
76-10-306
.
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(5) "Dealer" means every person who is licensed under crimes and criminal procedure, 18
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U.S.C. 923 and engaged in the business of selling, leasing, or otherwise transferring a handgun,
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whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
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(6) "Division" means the Criminal Investigations and Technical Services Division of the
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Department of Public Safety, created in Section
53-10-103
.
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(7) "Enter" means intrusion of the entire body.
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(8) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-off
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rifle, or any device that could be used as a dangerous weapon from which is expelled a projectile
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by action of an explosive.
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(9) "Firearms transaction record form" means a form created by the division to be
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completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
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(10) "Fully automatic weapon" means any firearm which fires, is designed to fire, or can
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be readily restored to fire, automatically more than one shot without manual reloading by a single
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function of the trigger.
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(11) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or
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unloaded, from which any shot, bullet, or other missile can be discharged, the length of which, not
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including any revolving, detachable, or magazine breech, does not exceed 12 inches.
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(12) "House of worship" means a church, temple, synagogue, mosque, or other building
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set apart primarily for the purpose of worship in which religious services are held and the main
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body of which is kept for that use and not put to any other use inconsistent with its primary
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purpose.
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(13) "Prohibited area" means any place where it is unlawful to discharge a firearm.
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(14) "Readily accessible for immediate use" means that a firearm or other dangerous
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weapon is carried on the person or within such close proximity and in such a manner that it can
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be retrieved and used as readily as if carried on the person.
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(15) "Residence" means an improvement to real property used or occupied as a primary
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or secondary residence.
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(16) "Responsible school administrator" means any person authorized to grant
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case-by-case exceptions to any weapons prohibition by:
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(a) the public school district; or
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(b) the governing board of a private elementary or secondary school.
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[(16) ] (17) "Sawed-off shotgun" or "sawed-off rifle" means a shotgun having a barrel or
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barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer
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than 16 inches in length, or any dangerous weapon made from a rifle or shotgun by alteration,
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modification, or otherwise, if the weapon as modified has an overall length of fewer than 26
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inches.
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[(17) ] (18) "Securely encased" means not readily accessible for immediate use, such as
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held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
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storage area of a motor vehicle, not including a glove box or console box.
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[(18) ] (19) "State entity" means each department, commission, board, council, agency,
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institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
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unit, bureau, panel, or other administrative unit of the state.
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Section 6.
Section
76-10-505.5
is amended to read:
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76-10-505.5. Possession of a dangerous weapon, firearm, on school premises --
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Penalties -- Exceptions.
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(1) For purposes of this section, "on school premises" means:
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(a) in a public or private elementary or secondary school building;
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(b) the clearly identifiable grounds of the school; or
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(c) those parts of any other building, facility, or real property that may be used for other
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functions but are, at the time in question, being used exclusively for an activity sponsored by or
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through the school.
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[(1) A] (2) Any person may not knowingly or intentionally possess any dangerous
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weapon, including a firearm, [or sawed-off shotgun,] as those terms are defined in Section
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76-10-501
, at a place that the person knows, or has reasonable cause to believe, is on [or about]
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school premises.
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[(2)] (3) (a) Possession of a dangerous weapon which is not a firearm on [or about] school
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premises is a class B misdemeanor.
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(b) Possession of a firearm [or sawed-off shotgun] on [or about] school premises is a class
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A misdemeanor.
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[(3)] (4) This section applies to any person[,] except [persons] a person:
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(a) authorized to possess a firearm as provided under Sections [
53-5-704
,
53-5-705
,]
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53A-3-502
,
76-10-511
, Subsections
76-10-523
[, Subsection
76-10-504
(2)] (1)(a) through (1)(e),
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and as otherwise authorized by law[.];
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(b) whose possession of the dangerous weapon is lawful and:
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(i) the possession is approved by the responsible school administrator; and
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(ii) the dangerous weapon is present or to be used in connection with a lawful, approved
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activity and is in the possession or under the control of the person responsible for its possession
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or use; or
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(c) licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed
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Weapon Act, is permitted to lawfully possess a firearm on parking lots, streets, sidewalks, or
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walkways that:
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(i) are adjacent to or cross school property; and
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(ii) are freely accessible to, and intended for use by, the general public for public and
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private purposes, regardless of whether school is in session.
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[(4)] (5) This section does not prohibit prosecution of a more serious weapons offense that
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may occur on or about school premises.
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Section 7.
Section
76-10-523
is amended to read:
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76-10-523. Persons exempt from weapons laws.
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(1) [This] Except as provided in Section
76-10-505.5
, this part and Title 53, Chapter 5,
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Part 7, Concealed Weapon Act, do not apply to any of the following:
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(a) a United States marshal while engaged in the performance of his official duties;
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(b) a federal official required to carry a firearm while engaged in the performance of his
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official duties;
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(c) a peace officer of this or any other jurisdiction while engaged in the performance of his
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official duties;
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(d) a law enforcement official as defined and qualified under Section
53-5-711
;
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(e) a judge as defined and qualified in Section
53-5-711
;
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(f) a common carrier while engaged in the regular and ordinary transport of firearms as
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merchandise; or
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(g) a nonresident traveling in or through the state, provided that any firearm is:
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(i) unloaded; and
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(ii) securely encased as defined in Section
76-10-501
.
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(2) The provisions of Subsections
76-10-504
(1)(a), (1)(b), and Section
76-10-505
do not
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apply to any person to whom a permit to carry a concealed firearm has been issued:
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(a) pursuant to Section
53-5-704
; or
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(b) by another state whose requirements for issuance of a concealed firearm permit have
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been determined annually by the Department of Public Safety to meet or exceed the requirements
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for issuance of a concealed firearm permit in this state.
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Section 8.
Section
76-10-530
is amended to read:
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76-10-530. Firearms prohibited in a house of worship or private residence --
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Exception -- Defense -- Penalty.
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(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53,
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Chapter 5, Part 7, Concealed Weapon Act, [after having received notice as provided in Subsection
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(2) that firearms are prohibited,] may not knowingly [and] or intentionally:
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(a) transport a firearm into:
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(i) a house of worship; or
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(ii) a private residence; or
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(b) while in possession of a firearm, enter or remain in:
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(i) a house of worship; or
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(ii) a private residence.
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[(2) Notice that firearms are prohibited may be made by:]
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[(a) personal communication to the actor by:]
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(2) The prohibitions in Subsection (1) do not apply to a person who establishes that the
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person had prior permission to possess the firearm by:
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[(i)] (a) the church or organization operating the house of worship;
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[(ii)] (b) the owner, lessee, or person with lawful right of possession of the private
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residence; or
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[(iii)] (c) a person with authority to act for the person or entity in [Subsections] Subsection
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(2)(a)[(i) and (ii);] or (2)(b).
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[(b) posting of signs reasonably likely to come to the attention of persons entering the
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house of worship or private residence.]
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(3) An armed private security officer licensed under Title 58, Chapter 63, Security
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Personnel Licensing Act, while on duty is exempt from the prohibitions of this section regarding
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a private residence.
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[(3)] (4) Nothing in this section permits an owner who has granted the lawful right of
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possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm
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in the residence.
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[(4) ] (5) A violation of this section is [an infraction] a class C misdemeanor.
Legislative Review Note
as of 1-3-00 3:30 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.